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Can a surviving parent be executor if there are living children?
Wiki User
∙ 11y ago
Yes, that is very common. The spouse is typically the executor of the estate.
Wiki User
∙ 11y ago
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What rights does a family executor have while the parent is still living?
They have absolutely no rights. An executor does not obtain any power until appointed by the court.
On death of a parent and no will is made and only children are left who gets the inheritence?
If your parent dies and there is no will, there is a legal order of inheritance. The surviving spouse is next in line, then the children.
When a parent dies are children responsible for a debt they still owe to the parent?
They still owe the money to the estate. The executor may offset their inheritance by that amount.
When parent dies without will can the adult children take possession of the deceased parent's property and assets in Florida?
That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.https://www.thebalance.com/dying-without-a-will-in-florida-3504952
Can the executor of the will put the parent in a home?
No. As the executor of a will, your role as executor is not triggered until the party who named you executor dies. If the parent is still alive, you'd need a power of attorney (document) naming you as the power of attorney to make decisions for the parent in the event that the parent is incapacitated or incapable of making decisions on his or her own behalf.
How do siblings file for parent assets after death with no will?
Petition the court to open the estate. They can ask that one of the children be appointed as the executor. The court will issue a letter of authorization to the executor to inventory and clear out the estate.
Can the executor named in a parents Will take the parents household items before the parent is dead?
No. A Will does not become operative until the testator has died. The executor named in a parent's Will to distribute their estate after their decease has no right to take the parent's property while they are still living.
Who has more rights in a person's property when they die the spouse or children?
That depends on state laws of intestacy and those laws vary from state to state. In some states the surviving spouse takes it all. In some states the spouse and children share. In some states the spouse takes it all unless there are children of the decedent who are not her/his children. You can check the laws of intestacy for your state at the related question link provided below.
When a parent dies without making a will is money divided between children or does it go to eldest child or son?
Assuming there is no other surviving parent, it will be divided among the children and issue of any predeceased children. The eldest son does not inherit to the exclusion of the other children.
Can a sibling appointed as an executor move the parent to a different care facility without consenting the other siblings?
The executor of an estate has no power while the individual is still living. If they have been appointed as conservator of the person, they may move them.
If a mother has custody of the children but does not live with them what can a non custodial parent who wants the children do?
The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.
Who is entitled to household items when a parent dies intestate?
When the parent dies intestate, the estate gets the goods and they are divided according to the laws of the state. If a parent still survives, they will inherit all of the property of the spouse if there are no children that are still minors. Without a surviving spouse, the household goods will typically be divided fairly between the descendants. If they can't divide them equally, the executor can either decide who gets what, though the value must be equal, or sells the item and divides the proceedes.
